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Public Act 100-0404
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| SB0639 Enrolled | LRB100 05440 SLF 15451 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as the Evan Rushing |
Law.
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Section 5. The Criminal Code of 2012 is amended by changing |
Section 9-3.3 as follows:
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(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
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Sec. 9-3.3. Drug-induced homicide.
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(a) A person commits drug-induced homicide when he or she |
who violates Section
401 of
the Illinois Controlled Substances |
Act or Section 55 of the Methamphetamine Control and Community |
Protection Act by unlawfully delivering a controlled
substance |
to another, and any person's death is caused by the injection,
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inhalation, absorption, or ingestion of any amount of that |
controlled substance, commits the
offense of drug-induced |
homicide.
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(a-5) A person commits drug-induced homicide when he or she |
violates the law of another jurisdiction, which if the |
violation had been committed in this State could be charged |
under Section 401 of the Illinois Controlled Substances Act or |
Section 55 of the Methamphetamine Control and Community |
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Protection Act, by unlawfully delivering a controlled |
substance to another, and any person's death is caused in this |
State by the injection, inhalation, absorption, or ingestion of |
any amount of that controlled substance. |
(b) Sentence. Drug-induced homicide is a Class X felony, |
except: .
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(1) (c) A person who commits drug-induced homicide by |
violating subsection (a)
or subsection (c) of Section 401 |
of the Illinois Controlled Substances Act or Section 55 of |
the Methamphetamine Control and Community Protection Act
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commits a Class X felony for which the
defendant shall in |
addition to a sentence authorized by law, be sentenced
to a |
term of imprisonment of not less than 15 years and not more |
than 30
years or an extended term of not less than 30 years |
and not more than 60 years.
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(2) A person who commits drug-induced homicide by |
violating the law of another jurisdiction, which if the |
violation had been committed in this State could be charged |
under subsection (a) or subsection (c) of Section 401 of |
the Illinois Controlled Substances Act or Section 55 of the |
Methamphetamine Control and Community Protection Act, |
commits a Class X felony for which the defendant shall, in |
addition to a sentence authorized by law, be sentenced to a |
term of imprisonment of not less than 15 years and not more |
than 30 years or an extended term of not less than 30 years |
and not more than 60 years. |